Brian Vanderhoff's North Fulton Real Estate Blog: Forsyth County says 'no' to Wellstone golf conversion

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Wednesday, October 3, 2007

Forsyth County says 'no' to Wellstone golf conversion

Request to develop Lanier Golf Course denied, developer vows lawsuit
by Logan Thomas




September 24, 2007The green shirts packing the Forsyth County Administration building earned a victory Sept. 20.

The green-clad supporters of the Save Lanier Golf Course group applauded and cheered as the Forsyth County Board of Commissioners unanimously voted to turn down a request from Wellstone LLC to transform the 172-acre golf course into a site with more than 700 residences.

The developer is planning to file a lawsuit to overturn the decision.

The Forsyth County Planning Commissioner voted 3-2 Aug. 28 to recommend the denial of the request.

Commissioners Linda Ledbetter offered the motion to deny the developer's plan, citing traffic issues as a major problem with developing the site.

"This would add an additional 3,000 cars to these roads," she said. "There have been no proposed road improvements that would adequately deal with this. Buford Dam Road can't accommodate this rezoning. For this and many other reasons, I have to make the motion we deny the request."

Commissioner Jim Harrell seconded the motion. Commission Chairman Charles Laughinghouse added several more reasons for the denial including the rezoning is not consistent with the county comprehensive plan and the denial would benefit public health.



"The environmental consequences of this proposed intense use will be pronounced and will certainly result in greater pollution, storm water runoff, loss of pervious (water penetrable) surface, destabilization of downstreams and channels and potential flooding of adjacent downstream properties," the chairman said.

Laughinghouse also denounced the proposed rezoning and development as one that would result in increased and unwarranted noise, odor, visual intrusion, loss of aesthetics, light pollution and impact on adjacent and nearby properties.

John Lowery, President and CEO of Wellstone, said the denial was voted upon even after an alternate development plan was offered that would have preserved course views for 95 percent of the existing homes that currently enjoy those views and provide for some 400 single-family homes and town homes.

"While we certainly respect and appreciate the difficult task that the commission has faced on this issue, we are equally glad of the remedies and alternatives that the legislative process provides," he said. "We intend to immediately pursue our right to petition the courts through a lawsuit to require Forsyth County to rezone the property from its present agricultural zoning to one that is consistent with surrounding uses and provides for the highest and best use of this extremely valuable property.

"Lowery said Wellstone is meeting with its attorneys and is in the process of drafting the lawsuit. They are expecting to file the lawsuit within seven days.




"While we had hoped that this could be resolved through a give-and-take discussion with citizens and commissioners," he said, "we are absolutely confident that the courts will rule in favor of our petition."

Lanier Golf Course closed its doors earlier this month because owners said it was "no longer feasible" to stay in business. The Lanier Golf Club opened in 1970 as a private, 18-hole course.

Dwindling membership was cited as the main reason for closing the course.Owners notified club members in January 2006 of their intentions to sell the property saying the operation was losing money. The club's status changed to a public, pay-for-play course in January 2007.

Though the course is now closed to the public and "No Trespassing" signs have been posted throughout the property, a few individuals who prepaid for golf privileges through Sept. 30 will be allowed to play.

The initial development proposal from Wellstone was made more than a year ago. Many residents attended a July 9 public hearing and the Aug. 28 meeting of the Forsyth County Planning Commission to protest the project.

The proposed development, Wellstone Club at Lanier, would have featured more than 700 residences including 103 single family residences, 369 townhomes, and a 300-unit continuing care retirement community.

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